STAND. COM. REP. NO.582

Honolulu, Hawaii

, 2003

RE: S.B. No. 1080

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committees on Energy and Environment and Economic Development, to which was referred S.B. No. 1080 entitled:

"A BILL FOR AN ACT RELATING TO PENALTIES,"

begs leave to report as follows:

The purpose of this measure is to ensure that allowable waivers or reductions of penalties for small businesses will not apply to any laws protecting the environment or cultural resources.

Sierra Club Hawaii Chapter submitted testimony supporting this measure.

Your Committees find that penalties serve as an important deterrent to violating state and federal laws. Without penalties, the impetus to comply with the law and to take necessary precautions to ensure violations do not occur is significantly reduced. The penalties under chapters 6E, 340A, 340E, 341, 342B, 342C, 342D, 3432E, 342F, 342G, 342H, 342I, 342J, 3432L, and 342P should not be compromised once issued to help ensure a clean and healthful environment and to protect cultural resources.

Your Committees have amended this measure by:

(1) Removing the reference to chapter 342N, Hawaii Revised Statutes, relating to used oil, since that chapter was repealed in 1996;

(2) Moving the amended language to subsection (b) of §201M-8, Hawaii Revised Statutes, rather than creating a new subsection (c), for purposes of clarity; and

(3) Making a technical, nonsubstantive amendment for the purpose of accurately reflecting existing statutes.

As affirmed by the records of votes of the members of your Committees on Energy and Environment and Economic Development that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1080, as amended herein, and recommend that it pass Second Reading in the form attached here to as S.B. No. 1080, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committees on Energy and Environment and Economic Development,

____________________________

CAROL FUKUNAGA, Chair

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J. KALANI ENGLISH, Chair